Facebook faces sanctions in data scandal, says EU justice chief

Facebook could face EU sanctions over the hijacked data scandal, EU justice chief Věra Jourová reveals today.

Her warning comes on the eve of a meeting between Facebook boss Mark Zuckerberg and senior European figures in Brussels to discuss a series of allegations about the misuse of people’s data.

“We need companies like Facebook to clarify that they are going to obey the rules in the EU,” she said.

Up to 87 million people’s personal details on Facebook were allegedly obtained by data firm Cambridge Analytica without proper consent and used to sway voters in the 2016 UK referendum on leaving the EU.

“The participation of Facebook and Cambridge Analytica in the system is rather a challenging situation, and so I urge the American authorities to speed up the investigation and to take action if necessary,” Ms Jourová said.

Penalties would be considered if the allegations were proven, she said. “The British authorities are taking this very seriously and they will be fully compliant, having the same rules, which will enable in the future to deal or to negotiate the adequacy decision,” the commissioner said.

“Once the UK will become a third country, we will have to do this arrangement,” she added. She said any EU penalties would be a matter of “timing” because the data harvesting is thought to have occurred in 2015, the year the EU annulled its “Safe Harbor” data pact with the US, and before the two sides agreed on the replacement “Privacy Shield” in 2016.

Privacy Shield effectively certifies US companies as compliant with data protection rules, allowing them to use EU nationals’ data, within limits. The same kind of “adequacy” decision will be required for UK-based companies to keep using Europeans’ data after Brexit.

A new set of EU rules, the general data protection regulation (GDPR), will apply from this Friday — including in Britain — making it illegal for data giants to use and sell people’s information without their express consent.

Such rules, Ms Jourová said, could have prevented the Facebook/Cambridge Analytica scandal.

“We want to see all the measures taken to be fully compliant with the GDPR,” Ms Jourová said of Facebook. “This is what we expect, this is where their legal liability lies, and this is what we can control and sanction in case of a problem — which is not a warning, this is just a fact,” she said.

“My wish is that they will do — that Mr Zuckerberg will do — what he promised,” Ms Jourová said.

She said she “regrets” the fact that the meeting is not being held in public.